What is the statute of limitations in Texas?

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Accepted Answer

Texas civil limitations are found primarily in Chapter 16 of the Texas Civil Practice and Remedies Code (CPRC).

1. Personal Injury — 2 Years

CPRC § 16.003(a): Suits for personal injury, trespass for injury to the estate or property of another, conversion, taking or detaining personal property, and several other torts must be brought within 2 years.

2. Written Contract — 4 Years

CPRC § 16.004(a)(3): Actions on a debt or for breach of contract must be brought within 4 years.

3. Oral Contract — 4 Years

Unlike many states, Texas applies the same 4-year period to oral contracts (CPRC § 16.051 — residual 4-year statute), since § 16.004 does not distinguish written from oral.

4. Property Damage — 2 Years

CPRC § 16.003(a): Trespass for injury to real or personal property — 2 years.

5. Fraud — 4 Years

CPRC § 16.004(a)(4): Actions for fraud must be brought within 4 years. Discovery rule applies — accrual deferred until the fraud was or reasonably should have been discovered.

6. Medical Malpractice — 2 Years (10-Year Repose)

CPRC § 74.251: Health care liability claims must be filed within 2 years of the breach or tort, last date of relevant treatment, or last date of relevant hospitalization. Statute of repose: no claim may be brought more than 10 years after the act regardless of discovery. Minors under 12 have until their 14th birthday.

7. Wrongful Death — 2 Years

CPRC § 16.003(b): A person must bring suit not later than 2 years after the day the cause of action accrues (date of death).

8. Other Notable Periods

Defamation: 1 year (CPRC § 16.002).

Breach of warranty (UCC sales): 4 years (Tex. Bus. & Com. Code § 2.725).

Real property adverse possession: 3, 5, 10, or 25 years depending on type (CPRC §§ 16.024-16.028).

Judgment: 10 years, dormant if no execution (CPRC § 34.001).

9. Pre-Suit Notice

Medical malpractice requires 60-day pre-suit notice with authorization for release of medical records (CPRC § 74.051), which tolls the limitations period for 75 days.

This is legal information, not legal advice.